Circular No. 01/2021/TT-BNNPTNT on the establishment of national standards and the development, issuance, and review of national technical regulations within the scope of management of the Ministry of Agriculture and Rural Development.

CIRCULAR

Regulations on the development of national standards and the development and issuance of national technical regulations within its scope of management

Within the scope of management

of the Ministry of Agriculture and Rural Development

Pursuant to Decree No. 15/2017/NĐ-CP dated February 17, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to Decree No. 127/2007/NĐ-CP dated August 1, 2007 of the Government detailing the implementation of certain provisions of the Law on Standards and Technical Regulations;

Pursuant to Decree No. 78/2018/NĐ-CP dated May 16, 2018 of the Government amending and supplementing some articles of Decree No. 127/2007/NĐ-CP dated August 1, 2007 of the Government detailing the implementation of certain provisions of the Law on Standards and Technical Regulations;

At the proposal of the Director of the Department of Science, Technology and Environment,

The Minister of Agriculture and Rural Development issues this Circular regulating the development of national standards (hereinafter referred to as standards) and the development and issuance of national technical regulations (hereinafter referred to as technical regulations) within the scope of management of the Ministry of Agriculture and Rural Development.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates the development of national standards and the development and issuance of national technical regulations within the scope of management of the Ministry of Agriculture and Rural Development.

Article 2. Applicability

This Circular applies to organizations and individuals related to the development of standards; the development and issuance of technical regulations within the scope of management of the Ministry of Agriculture and Rural Development (hereinafter referred to as the Ministry).

Article 3. Funding for activities related to the development of standards and technical regulations

1. Funding for the development of standards and technical regulations is allocated from the state budget and other lawful sources according to the provisions of the law.

2. Content of expenditure, expenditure norms for the development of standards and technical regulations shall be implemented in accordance with the provisions of Circular No. 27/2020/TT-BTC dated April 17, 2020 of the Minister of Finance guiding the management and use of funding for the development of national standards and technical regulations.

Chapter II
DEVELOPMENT OF NATIONAL STANDARDS

Article 4. Preparation and approval of five-year plans for standard development

1. Before the end of the five-year plan for standard development, the Department of Science, Technology and Environment sends guidance documents to the General Administration and Sectoral Management Bureau (hereinafter referred to as the General Administration and Bureau) to prepare the next five-year plan.

2. According to the assigned fields of responsibility, the General Administration and Bureau propose the five-year plan for standard development and explanatory notes in accordance with Form No. 1 and Form No. 2 issued together with this Circular and send them to the Department of Science, Technology and Environment. The draft five-year plan is prepared based on the bases specified in Clause 3 of this Article.

3. Bases for preparing the five-year plan for standard development

a) Laws and relevant regulatory legal documents;

b) Industry and sector development strategies;

c) Feasibility, consistency, and uniformity within the system of standards and technical regulations;

d) International integration conditions and the level of scientific and technological development of the country, industry, and sector.

4. Based on the proposals of the General Administrations and Bureaus, the Department of Science, Technology and Environment compiles and drafts the five-year plan for standard development to submit to the Ministry for submission to the Ministry of Science and Technology.

5. Based on the comments of the Ministry of Science and Technology on the draft five-year plan for standard development, the Department of Science, Technology and Environment takes the lead and coordinates with the General Administrations and Bureaus to finalize and submit to the Ministry for approval.

6. Review, adjust, and supplement the five-year plan for standard development.

a) Based on management requirements and practical production, the General Administrations and Bureaus review the five-year plan for standard development, propose adjustments and supplements according to Form No. 1 and Form No. 2 issued together with this Circular, and send them to the Department of Science, Technology and Environment.

b) The Department of Science, Technology and Environment compiles and submits to the Ministry for approval of the adjustment and supplementation of the five-year plan for standard development before October 31.

Article 5. Establishing and Approving Annual Plans for Standard Development

1. Proposing annual plans

a) Before February 1st each year, the Department of Science, Technology and Environment shall guide the preparation of the standard development plan for the following year on the Ministry's electronic portal and send it to the General Departments and Bureaus.

b) According to the assigned fields, the General Departments and Bureaus shall propose the standard development plan in accordance with Form No. 3 and Form No. 4 issued together with this Circular, to be sent to the Department of Science, Technology and Environment before March 31st each year. The draft plan for standard development shall be based on the following grounds: the five-year plan that has been approved; practical production and management requirements; proposals from organizations and individuals.

c) The Department of Science, Technology and Environment shall compile and evaluate the suitability of the documents serving as the basis for standard development; draft the annual plan for standard development to be submitted to the Ministry and forwarded to the Ministry of Science and Technology.

d) The Department of Science, Technology and Environment shall notify the comments of the Ministry of Science and Technology to the General Departments and Bureaus to perfect the draft annual plan for standard development.

2. Approving the annual plan (list and budget) for standard development

a) The General Departments and Bureaus shall select and assign the main organization (Institute, School, Association, Chamber of Commerce, Center, Office, Division...) to prepare the project outline for standard development in accordance with Form No. 8 issued together with this Circular, to be sent to the Department of Science, Technology and Environment before May 15th.

b) The Department of Science, Technology and Environment shall take the lead and coordinate with the Finance Department to review the content and budget for standard development.

c) Based on the results of the content and budget review for standard development, the General Departments and Bureaus shall establish the specialized technical council in accordance with Clause 4 of this Article to advise on the project outline for standard development. On the basis of the council's conclusions, the General Departments and Bureaus shall approve the project outline for standard development and send it to the Department of Science, Technology and Environment before June 15th.

d) The Department of Science, Technology and Environment shall compile and submit the annual plan (list and budget) for standard development to the Ministry for approval.

3. Adjusting and Supplementing the Annual Plan for Standard Development.

a) Before May 1st or October 1st, the General Departments and Bureaus shall send proposals to adjust and supplement the annual plan for standard development to the Department of Science, Technology and Environment.

In the case of adjustment, the General Departments and Bureaus shall propose the content and reasons for adjustment.

In the case of supplementation, it shall be carried out in accordance with points a, b, and c of Clause 2 of this Article.

b) The Department of Science, Technology and Environment shall compile and submit the Ministry for consideration and decision on adjusting and supplementing the annual plan for standard development and forward it to the Ministry of Science and Technology.

4. Specialized Technical Council

a) The specialized technical council (hereinafter referred to as the Council) shall be established and managed by the General Departments and Bureaus.

b) The Council shall have a maximum of seven members, including representatives from the General Departments, Bureaus, the Department of Science, Technology and Environment, and experts. Drafters of the preparatory team shall not participate in the Council.

c) The Council shall operate on the principle of collective work. At least two-thirds of the Council members must be present at the meeting according to the establishment decision, including the Chairman or Deputy Chairman authorized, reviewing members, and the secretary. Members shall independently assess by ballot; the Council's conclusion opinion shall be adopted when three-quarters of the present members agree. The opinions of absent members shall only have reference value. The minutes of the Council meeting and the evaluation forms of the Council members according to Form No. 12 and Form No. 13 issued together with this Circular.

Article 6. Drafting Standard Proposals

1. The leading organization shall implement according to the approved outline. The draft standard shall be presented and expressed in accordance with the provisions of TCVN 1-2:2008.

2. Departments and Bureaus shall solicit opinions on the draft standard through the Ministry's, Department's, and Bureau's electronic information portal for sixty days from the date of announcement; in urgent cases serving state management by the Ministry, the opinion solicitation period may be shortened according to the decision of the Ministry's leadership, but not less than thirty days.

3. The leading organization shall incorporate the opinions received, perfect the draft, and prepare the dossier for the examination of the standard construction project as stipulated in Clause 4 of this Article to be submitted to the Departments and Bureaus.

4. The dossier for the examination of the standard construction project includes:

a) A request for dossier examination;

b) A task assignment for standard development;

c) The approved outline of the standard construction project;

d) A report on the process of drafting the standard proposal in accordance with Form No. 10 issued together with this Circular;

đ) The draft standard;

e) An explanation of the draft standard in accordance with Form No. 14 issued together with this Circular;

g) A copy of the documents used as the basis for drafting the standard proposal;

h) A list of organizations and individuals whose opinions were sought; copies of their comments;

i) A summary, explanation, and incorporation of the opinions of organizations and individuals in accordance with Form No. 11 issued together with this Circular;

k) Other related documents and materials (if any).

Article 7. Examination of the Dossier for the Standard Construction Project

1. Departments and Bureaus shall take the lead and coordinate with the Science, Technology, and Environment Department to organize the examination of the dossier for the standard construction project through a Council established in accordance with Clause 4 of Article 5 of this Circular.

2. The contents of the dossier examination for the standard construction project include:

a) Evaluation of the technical content of the draft standard;

b) Evaluation of the completeness and perfection of the dossier in accordance with Clause 4 of Article 6 of this Circular.

Article 8. Review of the Dossier for the Standard Construction Project

1. Within thirty days from the date of the dossier examination meeting for the standard construction project, Departments and Bureaus shall organize the completion of the dossier for the review of the standard construction project to be sent to the Science, Technology, and Environment Department. The dossier components are as stipulated in Clause 3 of this Article.

2. Within five working days from the date of receipt of the dossier for review, the Science, Technology, and Environment Department shall evaluate the completeness and perfection of the dossier; propose that Departments and Bureaus complete it (in case the dossier is not valid); send it to the Ministry of Science and Technology for review.

3. The dossier for the review of the standard construction project includes:

a) A letter requesting the review of the standard construction project dossier;

b) The documents specified in Clause 4 of Article 6 of this Circular, revised and perfected after the examination;

c) The minutes of the Council's examination of the standard construction project dossier in accordance with Form No. 12 issued together with this Circular;

d) A summary, explanation, and incorporation of the examination opinions on the standard construction project dossier in accordance with Form No. 11 issued together with this Circular.

Article 9. Incorporation of Opinions on the Review of the Standard Construction Project Dossier

1. Within three working days from the date of receipt of the Ministry of Science and Technology's standard review results, the Science, Technology, and Environment Department shall notify Departments and Bureaus.

2. In cases where the Ministry of Science and Technology agrees to publish the standard, within thirty days from the date of receipt of the review result notification, Departments and Bureaus shall organize the completion of the publication proposal dossier in accordance with Clause 2 of Article 10 of this Circular to be sent to the Science, Technology, and Environment Department.

3. In cases where the Ministry of Science and Technology does not agree to publish the standard, within thirty working days from the date of receipt of the review result notification, Departments and Bureaus shall submit an explanatory document to the Science, Technology, and Environment Department for consideration, consolidation, and submission to the Ministry for forwarding to the Ministry of Science and Technology.

Article 10. Request for publication of standards

1. Within five working days from the date of receipt of the document along with the dossier requesting the publication of standards from the General Department, the Department, or the Agency for Science, Technology and Environment shall assess the completeness and perfection of the dossier; request the General Department, the Department to perfect the dossier (in case the dossier is not valid); report to the Ministry to submit to the Ministry of Science and Technology for the publication of standards.

2. The dossier requesting the publication of standards includes:

a) A letter requesting the publication of standards;

b) Draft national standard (seven printed copies and an electronic version);

c) Summary, explanation, and adoption of comments on the draft project for developing standards according to Model Form No. 11 issued together with this Circular.

Chapter III
DEVELOPMENT AND ISSUANCE OF NATIONAL TECHNICAL REGULATIONS

Section 1
PREPARATION OF THE PLAN FOR DEVELOPING NATIONAL TECHNICAL REGULATIONS

Article 11. Preparation and approval of the five-year plan for developing technical regulations

1. Before the end of the five-year plan for developing technical regulations, the Department for Science, Technology and Environment shall send a document guiding the General Departments, Departments to prepare the next five-year plan.

2. Based on the results of review and the bases stipulated in Clause 3, Article 4 of this Circular, the General Departments, Departments shall propose the five-year plan for developing technical regulations and provide explanations according to Model Forms No. 1 and No. 2 issued together with this Circular.

3. The General Departments, Departments shall send the draft five-year plan for developing technical regulations to relevant organizations and individuals to solicit opinions, while announcing the solicitation of opinions on the Ministry's, General Department's, or Department's online portal. The period for soliciting opinions must be at least thirty days from the date of announcement.

4. The General Departments, Departments shall compile, adopt suggestions, perfect the draft five-year plan for developing technical regulations, and send it to the Department for Science, Technology and Environment.

5. Based on the proposals of the General Departments, Departments, the Department for Science, Technology and Environment shall compile and draft the five-year plan for developing agricultural technical regulations, send it to solicit opinions from the Ministry of Science and Technology; take the lead and coordinate with other General Departments, Departments to adopt, perfect, and submit the plan for consideration and approval by the Ministry.

6. Review, adjust, and supplement the five-year plan for developing technical regulations.

a) Based on management requirements and practical production, the General Departments, Departments shall review the five-year plan for developing technical regulations, propose adjustments and supplements according to Points b and c of this clause, and send them to the Department for Science, Technology and Environment. The Department for Science, Technology and Environment shall compile and submit to the Ministry to send to the Ministry of Science and Technology;

b) For cases of adjustment, the General Departments, Departments shall propose the content and reasons for adjustment and send them to the Department for Science, Technology and Environment;

c) For cases of supplementation, the General Departments, Departments shall propose to supplement the five-year plan for developing technical regulations according to Clauses 2, 3, and 4 of this Article. In urgent cases serving state management by the Ministry, the supplementation of the five-year plan for developing technical regulations shall be carried out according to Clause 2 of this Article;

d) The Department for Science, Technology and Environment shall compile and submit to the Ministry for approval of adjustments and supplements to the five-year plan for developing technical regulations before October 31.

Article 12. Preparation and approval of the annual plan for developing technical regulations

1. Proposing the annual plan for developing technical regulations

a) Before February 1, the Department for Science, Technology and Environment shall guide the preparation of the plan for developing technical regulations for the following year on the Ministry's online portal and send it to the General Departments, Departments;

b) The draft annual plan for developing technical regulations is based on the following grounds: the approved five-year plan for developing technical regulations; production and management requirements;

c) According to the assigned fields, the General Departments, Departments shall send the draft plan to relevant organizations and individuals to solicit opinions, while announcing the solicitation of opinions on the Ministry's, General Department's, or Department's online portal (the period for soliciting opinions must be at least thirty days from the date of announcement); compile, adopt, and perfect the draft plan according to Model Forms No. 3 and No. 5 issued together with this Circular and send it to the Department for Science, Technology and Environment before March 31;

d) The Department for Science, Technology and Environment shall compile and evaluate the suitability of the documents serving as the basis for developing technical regulations; the draft annual plan for developing technical regulations, and submit it to the Ministry to solicit opinions from the Ministry of Science and Technology;

đ) The Department for Science, Technology and Environment shall announce the opinions of the Ministry of Science and Technology to enable the General Departments, Departments to perfect the draft annual plan for developing technical regulations.

2. Approval of the annual plan (list and budget) for developing technical regulations

a) The General Departments, Departments shall organize the preparation of the project outline for developing technical regulations according to Model Form No. 9 issued together with this Circular; send the proposal for the plan along with the project outline for developing technical regulations to the Department for Science, Technology and Environment before May 15;

b) The Department for Science, Technology and Environment shall take the lead and coordinate with the Finance Department to review the content and budget for developing technical regulations;

c) Based on the results of reviewing the content and budget for developing technical regulations, the General Departments, Departments shall establish a Council according to Clause 4, Article 5 of this Circular to advise on the project outline for developing technical regulations. The Council shall include members as stipulated in Point b, Clause 4, Article 5 of this Circular and representatives from the Legal Affairs Department. Based on the conclusions of the Council, the General Departments, Departments shall approve the project outline for developing technical regulations and send it to the Department for Science, Technology and Environment before June 15;

d) The Department for Science, Technology and Environment shall compile and submit to the Ministry for approval of the annual plan (list and budget) for developing technical regulations.

3. Adjustment and supplementation of the annual plan for developing technical regulations.

a) Before May 1 or October 1, the General Departments, Departments shall send proposals for adjusting and supplementing the annual plan for developing technical regulations to the Department for Science, Technology and Environment.

In the case of adjustment, the General Departments and Bureaus shall propose the content and reasons for adjustment.

In the case of supplementation, it shall be carried out in accordance with points a, b, and c of Clause 2 of this Article.

b) The Department for Science, Technology and Environment shall compile and submit to the Ministry for consideration and decision on adjusting and supplementing the annual plan for developing technical regulations and send it to the Ministry of Science and Technology.

Article 13. Notification of the plan to develop technical regulations

Within ten working days from the date the plan for developing technical regulations (annual, five-year plans or adjustments and supplements to annual or five-year plans) is approved, the Department of Science, Technology and Environment shall notify on the Ministry's electronic portal, send to the Ministry of Science and Technology, and notify the National Standardization Technical Barrier Office (hereinafter referred to as the National TBT Office of Vietnam) and related organizations.

Section 2
PROCEDURES FOR DEVELOPING, REVIEWING, AND ADOPTING NATIONAL TECHNICAL REGULATIONS

AND ENACT THE NATIONAL TECHNICAL REGULATION STANDARDS

Article 14. Drafting the technical regulation proposal

1. The leading organization shall implement according to the approved outline. The draft technical regulation shall be presented and expressed in accordance with Circular No. 26/2019/TT-BKHCN dated December 25, 2019, issued by the Minister of Science and Technology detailing the development, review, and issuance of technical regulations (hereinafter referred to as Circular No. 26/2019/TT-BKHCN).

2. Departments and General Departments shall solicit opinions on the draft technical regulation on the Ministry's electronic portal within sixty days from the date of posting the announcement.

In cases of urgency for national management purposes, the time for soliciting opinions may be shortened according to the decision of the Ministry's leadership, but not less than thirty days.

Where the content of the technical regulation has the potential to affect international trade, Departments and General Departments shall send the draft technical regulation to the National Sanitary and Phytosanitary Measures Office (National SPS Office of Vietnam) and the National TBT Office of Vietnam to determine the necessity of notifying the World Trade Organization (WTO) in accordance with Circular No. 16/2018/TT-BKHCN dated November 29, 2018, issued by the Minister of Science and Technology regarding activities and coordination within the Network of National Notification and Inquiry Points and the Inter-ministerial Committee on Technical Barriers to Trade.

3. The leading organization shall complete the draft and prepare the application dossier for reviewing the project to develop the technical regulation in accordance with Clause 4 of this Article, and submit it to the Departments and General Departments.

4. The application dossier for reviewing the project to develop the technical regulation includes:

a) Letter requesting review of the project dossier for developing the technical regulation;

b) Document assigning the task of developing the technical regulation;

c) Approved outline of the project to develop the technical regulation;

d) Report on the process of drafting the technical regulation in accordance with Form No. 10 attached to this Circular;

đ) Draft technical regulation;

e) Explanation of the draft technical regulation in accordance with Form No. 14 attached to this Circular;

g) Copy of documents used as the basis for drafting the technical regulation;

h) A list of organizations and individuals whose opinions were sought; copies of their comments;

i) A summary, explanation, and incorporation of the opinions of organizations and individuals in accordance with Form No. 11 issued together with this Circular;

k) Other related documents and materials (if any).

Article 15. Reviewing the project dossier for developing the technical regulation

1. Departments and General Departments shall take the lead and coordinate with the Department of Science, Technology and Environment to organize the review of the project dossier for developing the technical regulation through the Council established in accordance with point c, Clause 2, Article 12 of this Circular.

2. The contents of reviewing the project dossier for developing the technical regulation include:

a) Evaluation of the technical content of the draft technical regulation;

b) Evaluation of the completeness and perfection of the dossier in accordance with Clause 4, Article 14 of this Circular.

Article 16. Reviewing the project dossier for developing the technical regulation

1. Within thirty days from the date of the review meeting of the project dossier for developing the technical regulation, Departments and General Departments shall organize the completion of the application dossier for reviewing the project to develop the technical regulation and submit it to the Department of Science, Technology and Environment. The components of the dossier are specified in Clause 3 of this Article.

2. Within five working days from the date of receipt of the application dossier for review, the Department of Science, Technology and Environment shall evaluate the completeness and perfection of the dossier; request Departments and General Departments to perfect the dossier (in case of non-compliance); and forward it to the Ministry of Science and Technology for review.

3. The application dossier for reviewing the project to develop the technical regulation includes:

a) Letter requesting review of the project dossier for developing the technical regulation;

b) Documents specified in Clause 4, Article 14 of this Circular, which have been completed after the review;

c) Minutes of the Council's review meeting of the project dossier for developing the technical regulation in accordance with Form No. 12 attached to this Circular;

d) Summary, explanation, and adoption of comments from the technical review council on the project dossier for developing the technical regulation in accordance with Form No. 11 attached to this Circular.

Article 17. Adoption of comments on the draft project for technical regulations

1. Within three working days from the date of receipt of the review results of the Ministry of Science and Technology, the Department of Science, Technology and Environment shall notify the General Department and the Bureau of the review results.

2. In case the Ministry of Science and Technology agrees to issue the technical regulation, the Department of Science, Technology and Environment shall assign the technical regulation number in accordance with Article 19 of this Circular. The General Department and the Bureau shall organize the completion of the dossier for issuance of the technical regulation in accordance with Article 18 of this Circular.

3. In case the Ministry of Science and Technology does not agree to issue the technical regulation, within ten working days from the date of receipt of the notification of the review results, the General Department and the Bureau shall submit a statement to the Department of Science, Technology and Environment for consideration, consolidation, and submission to the Ministry for submission to the Ministry of Science and Technology or report to the Prime Minister for consideration and decision.

Article 18. Issuance of Technical Regulations

1. Within thirty days from the date of receipt of the notification of the review results and the technical regulation number, the General Department and the Bureau shall take the lead in completing the dossier for issuing the technical regulation in accordance with Clause 2 of this Article; take the lead and coordinate with the Department of Science, Technology and Environment and related units to submit the dossier to the Ministry for issuance of the technical regulation.

2. The dossier for issuing the technical regulation includes:

a) Petition and approval form for the Circular issuing the technical regulation;

b) Draft Circular issuing the technical regulation;

c) Completed draft technical regulation (printed version and electronic version);

d) Comments on the draft project for developing the technical regulation from the Ministry of Science and Technology;

đ) Summary, explanation, and adoption of review comments in accordance with Form No. 11 issued together with this Circular.

Article 19. Technical Regulation Numbering

1. The Department of Science, Technology and Environment manages and assigns technical regulation numbers.

2. The technical regulation number issued by the Ministry is as follows:

QCVN xx-zz : yyyy/BNNPTNT. Wherein:

QCVN is the abbreviation for technical regulation.

xx-zz is the technical regulation number.

xx is the code according to the field: 01 is the agriculture field; 02 is the aquaculture field; 03 is the forestry field; 04 is the water resources and disaster prevention field.

zz is the number of the technical regulation. Between the field code and the technical regulation number, a hyphen (-) is used as a separator.

yyyy is the year of issuance of the technical regulation. Between the number and the issuance year, a colon (:) is used as a separator.

BNNPTNT is the abbreviation for the Ministry of Agriculture and Rural Development, placed after the issuance year (yyyy) and separated by a forward slash (/).

Article 20. Notification and Registration of Technical Regulations

1. The General Department and the Bureau shall notify the issued technical regulation on the Ministry's, General Department's, and Bureau's electronic portal and the official gazette in accordance with the regulations.

2. Within fifteen days from the date of issuance of the technical regulation, the General Department and the Bureau shall complete the registration of the technical regulation with the Ministry of Science and Technology in accordance with Article 13 of Decree No. 127/2007/NĐ-CP dated August 1, 2007 of the Government detailing the implementation of certain provisions of the Law on Standards and Technical Regulations.

Section 3
TECHNICAL REGULATION REVIEW AND CANCELLATION

Article 21. Review of Technical Regulations

1. Periodically or urgently, the General Department and the Bureau shall organize the review of technical regulations in accordance with Clause 1 and Clause 2 of Article 35 of the Law on Standards and Technical Regulations, and prepare the review dossier in accordance with Clause 2 of this Article. The review results serve as the basis for canceling technical regulations, drafting plans for developing, amending, supplementing, and replacing technical regulations.

2. The review dossier includes:

a) Report on the review results in accordance with Form No. 6 issued together with this Circular;

b) List of technical regulations requiring amendment, supplementation, replacement, and cancellation in accordance with Form No. 7 issued together with this Circular.

Article 22. Revocation of Technical Regulations

1. The General Department and the Department shall prepare the file for revoking technical regulations in accordance with the provisions of Article 11 of Circular No. 26/2019/TT-BKHCN and submit it to the Department of Science, Technology and Environment for submission to the Ministry to request the Ministry of Science and Technology to review.

2. Based on the review opinion of the Ministry of Science and Technology, the General Department and the Department shall incorporate and explain the opinions and submit them to the Department of Science, Technology and Environment.

3. Based on the opinion of the Department of Science, Technology and Environment, the General Department and the Department shall complete the file and take the lead in submitting to the Ministry to revoke the technical regulation.

4. Within thirty days from the date the revocation document of the technical regulation takes effect, the General Department and the Department shall announce on the Ministry's electronic portal.

Chapter IV
IMPLEMENTATION

Article 23. Responsibilities of the Department of Science, Technology and Environment

1. Take the lead in performing the following tasks:

a) Advise and compile to assist the Minister in managing national standardization and technical regulation work within the scope of the Ministry's management;

b) Submit to the Ministry for approval the five-year and annual plans for developing standards and technical regulations; Announce the plan for developing technical regulations as prescribed;

c) Guide, urge, and inspect units under the Ministry in standardization and technical regulation work;

d) Review the content and budget for developing standards and technical regulations;

đ) Serve as the focal point to coordinate with the Ministry of Science and Technology for activities related to agricultural standardization and technical regulation work;

e) Update information on the plans for developing standards and technical regulations, results of publication, review, amendment, and revocation of standards and technical regulations of relevant ministries and sectors;

g) Participate in international cooperation activities on standards and technical regulations.

2. Coordinate with the General Departments and Departments to issue technical regulations; inspect the implementation of standards and technical regulations; disseminate and guide the application of standards and technical regulations.

Article 24. Responsibilities of the Financial Department and the Legal Affairs Department

1. The Financial Department is responsible for participating in reviewing the content and budget for developing standards and technical regulations; take the lead in settling the budget for developing standards and technical regulations.

2. The Legal Affairs Department is responsible for participating in the Council for reviewing project files for developing technical regulations; monitor the procedures and processes for issuing Circulars on technical regulations.

Article 25. Responsibilities of the General Departments and Departments

1. Be responsible before the Minister for the quality of standards and technical regulations and the progress of implementing projects to develop standards and technical regulations;

2. Take the lead in performing the following tasks:

a) Establish specialized technical councils, adjust council members (if necessary);

b) Approve the project outline (including budget) for developing standards and technical regulations based on the content and budget review opinions of the Department of Science, Technology and Environment, the Financial Department, and the Council's conclusions;

c) Organize reviews, propose amendments, supplements, and revocations of standards and technical regulations as prescribed;

d) Announce the issuance, amendment, supplementation, replacement, and revocation of technical regulations as prescribed;

đ) Organize dissemination and guidance on the application of standards and technical regulations as prescribed;

e) Store technical regulation development files as prescribed;

g) Inspect and audit the application of standards and technical regulations according to the assigned responsibility areas.

3. Provide comments on plans for developing technical regulations and their contents drafted by localities, ministries, and sectors for soliciting opinions.

4. Urge, inspect, monitor, and handle issues during the development of standards and technical regulations; direct the main compiling organizations to incorporate and perfect the project development files for standards and technical regulations as prescribed.

5. Report quarterly, semi-annually, annually, or at any time upon the Minister's request on the results of implementation.

Article 26. Responsibilities of the Organizing Body in Charge of Drafting

1. Shall be responsible for the technical content of standards and regulations assigned to develop.

2. Establish and submit to the General Department, Department for approval the project outline for developing standards and regulations; implement the contents according to the approved project outline for developing standards and regulations.

3. Store the files on the development of standards and regulations in accordance with the provisions.

Chapter V
IMPLEMENTING PROVISIONS

Article 27. Transitional Provisions

For projects developing standards and regulations that are being implemented and have been approved before this Circular takes effect, they shall continue to be implemented in accordance with the approved decision.

Article 28. Effective Date

1. This Circular takes effect from May 2, 2021.

2. This Circular replaces Circular No. 48/2014/TT-BNNPTNT dated December 16, 2014 of the Minister of Agriculture and Rural Development guiding the management, development, issuance of national technical standards, and announcement of national standards within the scope of management of the Ministry of Agriculture and Rural Development.

3. During implementation, if there are any difficulties, organizations and individuals shall promptly inform the Ministry of Agriculture and Rural Development (through the Department of Science, Technology and Environment) for consideration and amendment./.